CHAPTER 371

FORMERLY

SENATE BILL NO. 642

AN ACT TO AMEND CHAPTER 212, VOLUME 25, LAWS OF DELAWARE, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF BETHANY BEACH AND GIVING IT AUTHORITY TO ISSUE BONDS" AS AMENDED, AND RELATING TO RESIDENCY OF COMMISSIONERS, TIME AND PLACE OF ANNUAL ELECTIONS, MEETINGS OF COMMISSIONERS, AUTHORITY OF COMMISSIONERS, AND AUTHORITY TO BORROW FUNDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF TFIE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section I. Amend Subsection (b) of Section 4 of Chapter 212, Volume 25, Laws of Delaware, as amended, by striking (b) in its entirety and inserting in lieu thereof the following:

"(b) All of the Commissioners may he residents of the Town; however, at least four (4) of the Commissioners shall be residents of the Town on the date of the filing of notice of intention to seek office or on the date of their appointment, as the ease may be. In addition to being qualified as a Commissioner, as set forth above, the Commissioners with the titles of President (Mayor), Vice President and Secretary-Treasurer, shall also he residents of the Town as defined in this subsection. If the President (Mayor), Vice President or Secretary-Treasurer shall during his or her term of office, cease to be a resident of the Town, he or she shall be deemed to have vacated such office by reason of said fact alone, but shall not be deemed to have vacated the office of Commissioner. If a "non-resident" Commissioner establishes residency in the Town during his or her term of office, he or she shall not be deemed to have vacated such "non-resident" office by reason of said fact alone. If a resident Commissioner fails to maintain residency in the Town, he or she shall not be deemed to have vacated such "resident" office by reason of said fact alone. The Commissioners shall be the sole and final judges of the qualifications of their members. For purposes of this Act, a "resident" shall mean any person who has during the 12-month period immediately preceding his or her filing date of notice of intention to seek office, as provided herein or date of appointment, as the ease may be, actually lived in the Town at least nine (9) months, consecutively or non-consecutively, of said preceding 12-month period."

Section 2. This Act shall take effect immediately upon approval by the Governor.

Approved July 10, 1980